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gpstc Criminal Law (1

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gpstc Criminal Law (1

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  • July 18, 2024
  • 10
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers
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lydiaomutho
✅✅-No
Is there attempted murder in GA? -

Jurisdiction O.C.G.A. 17-2-1 - ✅✅-Our power to exert to the full extent of the law
because it is in our bounds (for law enforcement)

Venue O.C.G.A. 17-2-2 - ✅✅-For the courts; Criminal action shall be tried in the
county where the crime was committed

Is there a statue of limitation for murder? -✅✅-No
Limitation of prosecution for a felony is how long? - ✅✅-4 years

Prosecution for what offenses can commence at any time? - ✅✅-When DNA
evidence is established to identify perpetrators in Armed Robbery, Kidnapping,
Rape, Aggravated Child Molestation, Aggravated Sodomy or Aggravated Sexual
Battery


✅✅
Prosecution for a misdemeanor shall be commenced within how much time? -
-2 years after the commission of a crime

Can a female be charged with rape in GA? - ✅✅-No
What is the general purpose of title 16 crimes and offenses? - ✅✅-Proportionate
punishments, give fair warning of the nature of the conduct forbidden and the
sentence, define which statues are crimes

Entrapment O.C.G.A. 16-3-25 - ✅✅
-Idea starts with law enforcement/officer,
government officer or employee. Undue persuasion, incitement, or deceitful means

Misfortune or accident not a crime - ✅✅ -Not to be found guilty if the crime was
committed by accident or no criminal negligence

Statutory Rape O.C.G.A. 16-6-3 - ✅✅ -Sexual intercourse with any person under
the age of 16,
Victim 14 but less than 16 years of age and the person convicted of statutory rape is
18 years of age or younger and is no more than four years older than the victim

Rape O.C.G.A. 16-6-1 - ✅✅ -(1) A female forcibly and against her will; or
(2) A female who is less than ten years of age.
25 years to life followed by probation for life

Murder O.C.G.A. 16-5-1 - ✅✅ -A person commits the offense of murder when he
unlawfully and with malice aforethought, either express or implied, causes the death
of another human being

, Malice Murder - ✅✅ -Malice shall be implied where no considerable provocation
appears and where all the circumstances of the killing show an abandoned and
malignant heart.

Murder 2nd degree - ✅✅ -A person commits the offense of murder in the second
degree when, in the commission of cruelty to children in the second degree, he or
she causes the death of another human being irrespective of malice.

Voluntary Manslaughter O.C.G.A. 16-5-2 - ✅✅-Causes the death of another
human being under circumstances he acts solely as the result of a sudden, violent,
and irresistible passion.
One nor more than 20 years

Involuntary manslaughter O.C.G.A. 16-5-3 - ✅✅ -An unlawful act when he causes
the death of another human being without any intention.
One year nor more than ten years.
A lawful act in an unlawful manner when he causes the death of another human
being without any intention to do so.
Misdemeanor.

Reckless Conduct O.C.G.A. 16-5-60 - ✅✅ -Reckless conduct causing harm to or
endangering the bodily safety of another
not more than ten years
Conduct by HIV infected persons; STD or drugs
not less than five nor more than 20 years

Multiple prosecutions for same conduct - ✅✅ -Double jeopardy = protects people
from being charged twice for the same criminal act

Child Molestation O.C.G.A. 16-6-4 - ✅✅ -Does any immoral or indecent act to or in
the presence of or with any child under the age of 16 years with the intent to arouse
or satisfy the sexual desires of either the child or the person
not less than five nor more than 20 years (1st)
en years nor more than 30 years/Life (2nd)

Aggravated Child Molestation O.C.G.A. 16-6-4 - ✅✅ -Commits an offense of child
molestation which act physically injures the child or involves an act of sodomy.
25 years and not exceeding life imprisonment, followed by probation for life
Victim is at least 13 but less than 16 years of age, 18 years of age or younger and is
no more than four years older than the victim

Mental capacity - ✅✅ -A person cannot be deemed guilty if they cannot understand
what is right or wrong

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